Smt. Chhabutai Baburao Pawar And ANR v. Dattatraya Nataji Khandagale And ORS.

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.14249 OF 2017.

Chabutai Baburao Pawar and anr ...

Petitioners V/s.

Dattatraya N Khandagale and ors ...

Respondents Mr.Vijay Killedar, for the Petitioners.

Mr. Kuldeep U. Nikam, for the Respondent Nos. 1 to 3.

CORAM : DR.SHALINI PHANSALKAR-JOSHI, J.

DATE : 23rd FEBRUARY, 2018.

P.C. :

1] As per order passed by this Court on 20th February, 2018, child Aditi was brought to the Court by her maternal grand-mother and her maternal-uncle and the custody of the child Aditi is handed over to respondent father. Respondent No.1, present in person before this Court, admits that he has received the custody. 2] At this stage, request is made on behalf of petitioner No.1 (grand-mother of Aditi) and the maternal uncle of Aditi, that whereabouts of the child be communicated to them. They should also 1/3

be permitted to meet the child from 10.00 a.m. to 5.00 a.m., once in a month at a place wherever the child is. Request is also made by them that if the child falls sick, the said fact be communicated to the grandmother so that she can meet the child. Request is further made that in two long vacations custody of child be given to them 12 days each. 3] Learned counsel for respondents and respondent No.1 father, have no objection to grant all of these requests and therefore, it is directed that :- i.

the respondents will communicate the whereabouts of child to the petitioners, that is, if her residence is changed;

ii.

Further respondents will also give access of child to the petitioners once in a month on first Sunday of every month in between 10.00 a.m. to 5.00 p.m., at a place wherever Aditi will be residing.

iii.

Respondents also undertakes to communicate and will communicate the petitioners if the child Aditi at any time falls sick and child is required to be with her grand mother and maternal uncle.

iv.

Respondents will also give custody of child Aditi to the petitioners 12 days each, twice a year in two long vacations.

4] In view of this mutual understanding arrived at between 2/3

the parties and as per directions given above, writ petition stands finally disposed of.

5] As a result Misc. Application No.107 of 2017 which is pending before trial Court also stands disposed of. [DR.SHALINI PHANSALKAR-JOSHI, J.] 1/3